Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021, 62791-62793 [2022-22442]
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Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Notices
Dated: October 11, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–22455 Filed 10–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that six exporters of certain
hardwood plywood products (hardwood
plywood) from the People’s Republic of
China (China) under review had no
shipments of subject merchandise
during the period of review (POR)
January 1, 2021, through December 31,
2021. Commerce also preliminarily
determines that the remaining 14
companies subject to this review are
part of the China-wide entity because
they did not demonstrate eligibility for
separate rates.
DATES: Applicable October 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Nicolas Mayora, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3053.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On January 4, 2018, Commerce
published in the Federal Register the
antidumping duty order on hardwood
plywood from China.1 On January 11,
2022, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On March 9, 2022, based on
a timely request for an administrative
review, Commerce initiated the
administrative review with respect to 20
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 1396 (January 11, 2022).
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17:35 Oct 14, 2022
Jkt 259001
exporters.3 Subsequently, we released
U.S. Customs and Border Protection
(CBP) data to interested parties for
comment.4
Between March 17 and April 8, 2022,
we received timely no-shipment
certifications from six companies.5 We
did not receive a no-shipment
statement, separate rate application
(SRA), or separate rate certification
(SRC) from any other company subject
to this review.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.6 A
list of topics discussed in the
Preliminary Decision Memorandum is
included at Appendix III to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
scope of this Order is hardwood
plywood from China. A complete
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.213.
Preliminary Determination of No
Shipments
Based upon the no-shipment
certifications received by Commerce,
and our review of the CBP data, we
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
13252 (March 9, 2022).
4 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data,’’ dated March 15, 2022.
5 We received timely no-shipment certifications
from the following companies: (1) Cosco Star
International Co., Ltd.; (2) Linyi Evergreen Wood
Co., Ltd.; (3) Linyi Huasheng Yongbin Wood Co.,
Ltd.; (4) Linyi Sanfortune Wood Co., Ltd.; (5)
Shanghai Luli Trading Co., Ltd.; and (6) Suqian
Hopeway International Trade Co., Ltd.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China; 2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 Id.
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62791
preliminary find that six companies had
no shipments during the POR.
Commerce requested that CBP confirm
whether any shipments of subject
merchandise entered the United States
during the POR with respect to the six
companies that submitted no-shipment
claims, and CBP responded that it has
no record of any subject entries for these
six inquiries.8 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum. Consistent with
our assessment in non-market economy
administrative reviews,9 Commerce is
not rescinding this review for these six
companies.10 Commerce intends to
complete this review and issue
appropriate instructions to CBP based
on the final results of this review.
Separate Rates
Because the other 14 companies
under review did not submit an SRA or
SRC, Commerce preliminarily
determines that these companies have
not demonstrated their eligibility for
separate rates.11 For additional
information, see the Preliminary
Decision Memorandum.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.12 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
China-wide entity.13 Because no party
requested a review of the China-wide
entity in this review, the China-wide
entity is not under review and the
China-wide entity’s rate (i.e., 183.36
percent) is not subject to change.14 For
additional information, see the
Preliminary Decision Memorandum.
8 See Memoranda, ‘‘No Shipment Inquiry for
Suqian Hopeway International Trade Co., Ltd.
During the Period 01/01/2021 through 12/31/2021,’’
dated May 20, 2022; ‘‘No Shipment Inquiry for
Shanghai Luli Trading Co., Ltd. During the Period
01/01/2021 through 12/31/2021,’’ dated May 20,
2022; and ‘‘No Shipment Inquiry for Certain
Companies During the Period 01/01/2021 through
12/31/2021,’’ dated June 13, 2022.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME
Proceedings); see also ‘‘Assessment Rates’’ section,
infra.
10 See Appendix II.
11 See Appendix I.
12 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
13 Id.
14 See Order, 83 FR at 512.
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Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Notices
Public Comment
In accordance with 19 CFR
351.309(c), case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of these
preliminary results. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.15 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Note that Commerce has temporarily
modified certain portions of its
requirements for serving documents
containing business proprietary
information, until further notice.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Oral
presentations at the hearing will be
limited to those issues raised in the
briefs. If a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.17
Parties should confirm by telephone the
date, time, and location of the hearing
two days before the scheduled date. An
electronically filed hearing request must
be received successfully in its entirety
by ACCESS by 5:00 p.m. Eastern Time
on the established deadline.
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Assessment Rates
Upon issuance of the final results of
this review, Commerce shall determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.18 We have not calculated
any assessment rates in this
administrative review. Based on record
evidence, we have preliminarily
determined that six companies had no
shipments of subject merchandise and,
therefore, pursuant to Commerce’s
15 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid–19, Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
17 See 19 CFR 351.310(d).
18 See 19 CFR 351.212(b)(1).
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17:35 Oct 14, 2022
Jkt 259001
assessment practice, any suspended
entries that entered under their case
numbers, where available, will be
liquidated at the China-wide entity
rate.19 For all remaining companies
subject to this review, which are part of
the China-wide entity, we will instruct
CBP to liquidate their entries at the
current rate for the China-wide entity
(i.e., 183.36 percent). Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the six companies
that had no shipments during the POR
will remain unchanged from the rates
assigned to them in the most recently
completed segment for each company;
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters that have separate rates, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate,20 the cash deposit rate will be the
rate for the China-wide entity (i.e.,
183.36 percent); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
19 For
a full discussion of this practice, see NME
Proceedings.
20 See Appendix I.
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within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19
CFR 351.213(h)(1).
Dated: October 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Companies Not Eligible
for a Separate Rate
1. Anhui Hoda Wood Co., Ltd.
2. Happy Wood Industrial Group Co., Ltd.
3. Jiaxing Hengtong Wood Co., Ltd.
4. Linyi Chengen Import and Export Co., Ltd.
5. Linyi Glary Plywood Co., Ltd.
6. Linyi Jiahe Wood Industry Co., Ltd.
7. Qingdao Top P&Q International Corp.
8. Shanghai Brightwood Trading Co., Ltd.
9. Shanghai Futuwood Trading Co., Ltd.
10. Suzhou Oriental Dragon Import and
Export Co., Ltd.
11. Xuzhou Jiangheng Wood Products Co.,
Ltd.
12. Xuzhou Jiangyang Wood Industries Co.,
Ltd.
13. Xuzhou Timber International Trade Co.,
Ltd.
14. Zhejiang Dehua TB Import & Export Co.,
Ltd.
Appendix II—Companies Preliminarily
Found To Have No Shipments
1. Cosco Star International Co., Ltd.
2. Linyi Evergreen Wood Co., Ltd.
3. Linyi Huasheng Yongbin Wood Co., Ltd.
4. Linyi Sanfortune Wood Co., Ltd.
5. Shanghai Luli Trading Co., Ltd.
6. Suqian Hopeway International Trade Co.,
Ltd.
Appendix III—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
E:\FR\FM\17OCN1.SGM
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Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Notices
V. Recommendation
[FR Doc. 2022–22442 Filed 10–14–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Discovery and Information Sharing
Event Regarding Direct Realization of
Mass
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
providing a public opportunity to learn
more about NIST efforts to develop a
tabletop Kibble balance aimed at
realizing mass [500 mg–20 g], with
uncertainties of parts in 106, and
traceable to the new quantum
International System of Units (SI). The
two-hour virtual meeting will take place
October 19, 2022, 11 a.m.–1 p.m. eastern
time.
DATES: The workshop will be held on
October 19, 2022, 11 a.m.–1 p.m. eastern
time. Registration is not required but
requested via email to Leon Chao at
leon.chao@nist.gov.
ADDRESSES: The workshop will be held
virtually via webinar. Participation
information:
MS Teams Meeting Link:
Meeting ID: 236 220 981 414
Passcode: pV482e
Or call in (audio only):
+1 443–339–4347
Phone Conference ID: 206 869 111#
FOR FURTHER INFORMATION CONTACT: For
questions about this workshop contact:
Leon Chao, U.S. Department of
Commerce, National Institute of
Standards and Technology (NIST), 100
Bureau Drive, Gaithersburg, MD 20899,
telephone: (301) 975–4763, email:
leon.chao@nist.gov. Please direct media
inquiries to NIST’s Office of Public
Affairs at (301) 975–2762.
SUPPLEMENTARY INFORMATION: The
National Institute of Standards and
Technology (NIST) is providing a public
opportunity to learn more about NIST
efforts to develop a tabletop Kibble
balance aimed at realizing mass [500
mg–20 g], with uncertainties of parts in
106, and traceable to the new quantum
International System of Units (SI). A
first-generation prototype, KIBB-g1
(patented by NIST), has proven gramlevel masses can be directly realized via
a tabletop-sized, low complexity,
affordable system. Several government
agencies are collaborating with NIST to
develop a second- generation model
(provisional patent submitted).
NIST is inviting industry leaders in
mass metrology and precision balance
manufacturing, as well as other
interested parties, to attend a two-hour
virtual meeting to learn more about the
next generation tabletop Kibble balance
and opportunities for potential
collaboration with NIST to advance this
technology.
Authority: 15 U.S.C. 272(b) & (c).
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2022–22524 Filed 10–14–22; 8:45 am]
BILLING CODE 3510–13–P
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SUMMARY:
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17:35 Oct 14, 2022
Jkt 259001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC428]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Mayflower Wind
Project Offshore of Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
regulations and Letter of Authorization;
request for comments and information.
AGENCY:
NMFS has received a request
from Mayflower Wind, LLC (Mayflower
Wind) for authorization to take small
numbers of marine mammals incidental
to the Mayflower Wind Project in a
designated lease area on the Bureau of
Ocean Energy Management’s (BOEM)
Lease Area Outer Continental Shelf
(OCS)–A–0521 offshore of
Massachusetts, over the course of 5
years beginning on April 1, 2025.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of Mayflower Wind’s request for the
development and implementation of
regulations governing the incidental
taking of marine mammals and issuance
of a 5-year Letter of Authorization
(LOA). NMFS invites the public to
provide information, suggestions, and
comments on Mayflower Wind’s
application and request.
DATES: Comments and information must
be received no later than November 16,
2022.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
SUMMARY:
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62793
Fisheries Service and should be sent to
ITP.Esch@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Carter Esch, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of Mayflower Wind’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable. In case of
problems accessing these documents,
please email the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An incidental take authorization shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
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Agencies
[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62791-62793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22442]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that six exporters of certain hardwood plywood products
(hardwood plywood) from the People's Republic of China (China) under
review had no shipments of subject merchandise during the period of
review (POR) January 1, 2021, through December 31, 2021. Commerce also
preliminarily determines that the remaining 14 companies subject to
this review are part of the China-wide entity because they did not
demonstrate eligibility for separate rates.
DATES: Applicable October 17, 2022.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3053.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published in the Federal Register the
antidumping duty order on hardwood plywood from China.\1\ On January
11, 2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
March 9, 2022, based on a timely request for an administrative review,
Commerce initiated the administrative review with respect to 20
exporters.\3\ Subsequently, we released U.S. Customs and Border
Protection (CBP) data to interested parties for comment.\4\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 1396 (January 11,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 13252 (March 9, 2022).
\4\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated March 15, 2022.
---------------------------------------------------------------------------
Between March 17 and April 8, 2022, we received timely no-shipment
certifications from six companies.\5\ We did not receive a no-shipment
statement, separate rate application (SRA), or separate rate
certification (SRC) from any other company subject to this review.
---------------------------------------------------------------------------
\5\ We received timely no-shipment certifications from the
following companies: (1) Cosco Star International Co., Ltd.; (2)
Linyi Evergreen Wood Co., Ltd.; (3) Linyi Huasheng Yongbin Wood Co.,
Ltd.; (4) Linyi Sanfortune Wood Co., Ltd.; (5) Shanghai Luli Trading
Co., Ltd.; and (6) Suqian Hopeway International Trade Co., Ltd.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included at Appendix III to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Hardwood Plywood Products from the People's Republic of China;
2021,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the scope of this Order is hardwood
plywood from China. A complete description of the scope of the Order is
contained in the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213.
Preliminary Determination of No Shipments
Based upon the no-shipment certifications received by Commerce, and
our review of the CBP data, we preliminary find that six companies had
no shipments during the POR. Commerce requested that CBP confirm
whether any shipments of subject merchandise entered the United States
during the POR with respect to the six companies that submitted no-
shipment claims, and CBP responded that it has no record of any subject
entries for these six inquiries.\8\ For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with our assessment in non-market economy administrative
reviews,\9\ Commerce is not rescinding this review for these six
companies.\10\ Commerce intends to complete this review and issue
appropriate instructions to CBP based on the final results of this
review.
---------------------------------------------------------------------------
\8\ See Memoranda, ``No Shipment Inquiry for Suqian Hopeway
International Trade Co., Ltd. During the Period 01/01/2021 through
12/31/2021,'' dated May 20, 2022; ``No Shipment Inquiry for Shanghai
Luli Trading Co., Ltd. During the Period 01/01/2021 through 12/31/
2021,'' dated May 20, 2022; and ``No Shipment Inquiry for Certain
Companies During the Period 01/01/2021 through 12/31/2021,'' dated
June 13, 2022.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Proceedings); see also ``Assessment Rates'' section, infra.
\10\ See Appendix II.
---------------------------------------------------------------------------
Separate Rates
Because the other 14 companies under review did not submit an SRA
or SRC, Commerce preliminarily determines that these companies have not
demonstrated their eligibility for separate rates.\11\ For additional
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\11\ See Appendix I.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\12\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
China-wide entity.\13\ Because no party requested a review of the
China-wide entity in this review, the China-wide entity is not under
review and the China-wide entity's rate (i.e., 183.36 percent) is not
subject to change.\14\ For additional information, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\13\ Id.
\14\ See Order, 83 FR at 512.
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[[Page 62792]]
Public Comment
In accordance with 19 CFR 351.309(c), case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance no later than 30 days after the date of publication of
these preliminary results. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than seven days after the
deadline date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
review are encouraged to submit with each argument: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\16\
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\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19, Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to those issues raised in
the briefs. If a request for a hearing is made, Commerce intends to
hold the hearing at a date and time to be determined.\17\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date. An electronically filed hearing
request must be received successfully in its entirety by ACCESS by 5:00
p.m. Eastern Time on the established deadline.
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\17\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\18\ We have not calculated any
assessment rates in this administrative review. Based on record
evidence, we have preliminarily determined that six companies had no
shipments of subject merchandise and, therefore, pursuant to Commerce's
assessment practice, any suspended entries that entered under their
case numbers, where available, will be liquidated at the China-wide
entity rate.\19\ For all remaining companies subject to this review,
which are part of the China-wide entity, we will instruct CBP to
liquidate their entries at the current rate for the China-wide entity
(i.e., 183.36 percent). Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\18\ See 19 CFR 351.212(b)(1).
\19\ For a full discussion of this practice, see NME
Proceedings.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the six
companies that had no shipments during the POR will remain unchanged
from the rates assigned to them in the most recently completed segment
for each company; (2) for previously investigated or reviewed Chinese
and non-Chinese exporters that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recently completed segment of this proceeding; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate,\20\ the cash deposit rate will be the rate
for the China-wide entity (i.e., 183.36 percent); and (4) for all non-
Chinese exporters of subject merchandise that have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ See Appendix I.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(l) of the
Act, and 19 CFR 351.213(h)(1).
Dated: October 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Companies Not Eligible for a Separate Rate
1. Anhui Hoda Wood Co., Ltd.
2. Happy Wood Industrial Group Co., Ltd.
3. Jiaxing Hengtong Wood Co., Ltd.
4. Linyi Chengen Import and Export Co., Ltd.
5. Linyi Glary Plywood Co., Ltd.
6. Linyi Jiahe Wood Industry Co., Ltd.
7. Qingdao Top P&Q International Corp.
8. Shanghai Brightwood Trading Co., Ltd.
9. Shanghai Futuwood Trading Co., Ltd.
10. Suzhou Oriental Dragon Import and Export Co., Ltd.
11. Xuzhou Jiangheng Wood Products Co., Ltd.
12. Xuzhou Jiangyang Wood Industries Co., Ltd.
13. Xuzhou Timber International Trade Co., Ltd.
14. Zhejiang Dehua TB Import & Export Co., Ltd.
Appendix II--Companies Preliminarily Found To Have No Shipments
1. Cosco Star International Co., Ltd.
2. Linyi Evergreen Wood Co., Ltd.
3. Linyi Huasheng Yongbin Wood Co., Ltd.
4. Linyi Sanfortune Wood Co., Ltd.
5. Shanghai Luli Trading Co., Ltd.
6. Suqian Hopeway International Trade Co., Ltd.
Appendix III--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
[[Page 62793]]
V. Recommendation
[FR Doc. 2022-22442 Filed 10-14-22; 8:45 am]
BILLING CODE 3510-DS-P